Roads (Scotland) Act 1984

[F1Equipment for detection of traffic offences]S

Textual Amendments

F1S. 49A and preceding cross-heading inserted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 40(2); S.I. 1992/1286, art. 2, Sch

[F349A Power to install equipment for detection of traffic offences [F2etc] .S

A roads authority may install and maintain on or near a road structures and equipment for the detection of traffic offences [F4 or offences under section 11 of the HGV Road User Levy Act 2013 (using or keeping heavy goods vehicle if HGV road user levy not paid) ] .]

Textual Amendments

F2Word in s. 49A heading inserted (1.4.2014) by HGV Road User Levy Act 2013 (c. 7), ss. 16(2)(a), 21(1); S.I. 2014/797, art. 2

F3S. 49A and preceding cross-heading inserted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 40(2); S.I. 1992/1286, art. 2, Sch

50 Planting of trees, shrubs and grass or other plants by roads authority.S

(1)The roads authority may plant trees, shrubs, grass or other plants within, or partly within, the boundaries of a public road or of a proposed public road which is in course of construction; and may erect and maintain guards of fences, and otherwise do anything expedient, for maintenance and protection of trees, shrubs, grass and other plants there planted (whether or not by them).

(2)No such tree, shrub, grass other plant, guard or fence shall be planted (or as the case may be erected) or allowed to remain in such a situation as to hinder the reasonable use of the road (or proposed road) by persons entitled to the use thereof, or so as to be a nuisance or injurious to the owner or occupier of any land fronting or abutting the road (or proposed road).

(3)Paragraph 23 of the [F5the electronic communications code] (which provides a procedure for certain cases where works involve the alteration of [F6electronic communications apparatus]) shall, subject to subsection (4) below, apply, for the purposes of any works which may be done in exercise of the powers conferred by this section, to the roads authority.

(4)Where the roads authority is the Secretary of State, sub-paragraph (8) of paragraph 23 of the [F5the electronic communications code] (offence) shall be omitted for the purposes of the application of that paragraph to him by subsection (3) above.

Textual Amendments

Modifications etc. (not altering text)

C1S. 50: power to contract out functions of Secretary of State (16.3.1996) by S.I. 1996/878, art. 2, Sch. para. 5(j)

51 Planting of trees, shrubs and grass or other plants by person other than roads authority.S

(1)The roads authority may in writing authorise an owner or occupier of land adjoining a public road, or any other person, to plant or maintain trees, shrubs, grass or other plants within, or partly within, the boundaries of that road subject to such conditions as the authority may specify in the authorisation.

(2)The conditions referred, to in subsection (1) above may include a requirement that the authorised person give any written undertaking which, in the opinion of the authority, is necessary—

(a)to ensure the safety and convenience of road users; or

(b)to protect the apparatus of statutory undertakers.

(3)The roads authority may at any time withdraw an authorisation under subsection (1) above by giving 28 days notice to the authorised person; and such notice may require that person within the 28 days—

(a)to remove all or any of the trees, shrubs, grass or other plants to which the authorisation related; and

(b)to reinstate the road.

Modifications etc. (not altering text)

C2S. 51 power to contract out functions to the Secretary of State (16.3.1996) by S.I. 1998/878, art. 2, Sch. para. 5(k)

52 Power to execute works to mitigate adverse effect of constructing or improving etc. road.S

(1)A roads authority may carry out on—

(a)land acquired by them under section 106 of this Act;

(b)other land belonging to them;

(c)a road for which they are the roads authority;

(d)a road which they have been authorised to improve or, as the case may be construct, by an order under section 9 or 12 of this Act.,

works for mitigating any adverse effect which the construction, improvement, existence or use of any road has or will have on the surroundings of the last mentioned road.

(2)Without prejudice to the generality of subsection (1) above, the works that may be carried out under that subsection include the planting of trees. shrubs or plants of any other description and the laying out of any area as grassland.

(3)A roads authority may develop or redevelop land acquired by them under section 106 of this Act, or any other land belonging to them, for the purpose of improving the surroundings of a road or proposed road.

53 Agreements as to use of land near roads.S

(1)For the purpose of mitigating any adverse effect which the construction, improvement, existence or use of a road (or proposed road) has or will have on its surroundings, a roads authority may enter into an agreement with any person having an interest in land adjoining or in the vicinity of the road (or proposed road) for restricting or regulating the use of the land either permanently or during such period as may be specified in the agreement; and any such agreement may, in particular, make provision for the planting and maintenance of trees, shrubs or plants of any other description on the land and for restricting the lopping or removal of trees, shrubs or other plants on the land.

(2)An agreement under this section may contain such incidental and consequential provisions (including provisions of a financial character) as appear to the roads authority to be necessary or expedient.

(3)Subject to subsection (4) below, the provisions of an agreement made under this section with a person interested in land shall be binding on persons deriving title from that person in respect of the land.

(4)No provision shall be enforceable by virtue of subsection (3) above against a third party who shall have in good faith and for value acquired right (whether [F7title has been completed] or not) to land prior to the agreement being registered in the Land Register of Scotland or, as the case may be, recorded in the Register of Sasines, or against any person deriving title from such third party.

(5)This section is without prejudice to [F8section 75 of the Town and Country Planning (Scotland) Act 1997] (agreements regulating development or use of land).

Textual Amendments

F8Words in s. 53(5) substituted (27.5.1997) by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 38(4)

54 Power to instal refuse or storage bins in roads.S

The roads authority may provide and maintain in or under a road, or a proposed road in course of construction, bins or other receptacles, of such dimensions and in such positions as the authority may determine, for the collection and temporary deposit of road refuse and waste paper, or the storage of sand, grit or other materials.

55 Provision of picnic sites for trunk roads etc.S

(1)The Secretary of State may provide on land adjoining, or in the vicinity of, a trunk road, or a proposed public road which is to be a trunk road, a picnic site with space for parking vehicles and with means of access from and egress to the road or proposed road; and subject to subsection (3) below he may manage and maintain the site (including such buildings, works or facilities as are mentioned in subsection (2) below.)

(2)The Secretary of State may erect and equip buildings, and execute works, on the picnic site so as to provide such facilities as he considers appropriate for that site; and without prejudice to the generality of this subsection those facilities may include—

(a)water closets, urinals, and washing facilities for use in connection with either; and

(b)facilities for the provision and consumption of meals and refreshments.

(3)The Secretary of State shall not provide meals or refreshments on the picnic site but may make arrangements for some person other than a [F9local authority] so to provide and may for the purpose of those arrangements lease the site, or a part thereof, to that other person.

Textual Amendments

F9S. 55(3) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13, para. 135(3); S.I. 1996/323, art. 4(1)(c)

[F1055A Environmental assessment of certain road improvement projectsS

(1)If the Scottish Ministers as roads authority have under consideration–

(a)the making of an order such as is mentioned in paragraph 1 of Schedule 1 to this Act relating to the improvement of a road; or

(b)the improvement of a road without such an order,

they shall, before details of the project are published, determine whether or not it falls within Annex I or Annex II.

(2)If the Scottish Ministers determine that the project–

(a)falls within Annex I, or

(b)is a relevant project falling within Annex II and that, having regard to the selection criteria contained in Annex III, it should be made subject to an environmental impact assessment in accordance with the Directive,

they shall no later than the date when details of the project are published, [F11prepare an environmental statement and publish notice of it in accordance with subsections (5) and (5A) and paragraph 7(1C) or 13(1C) as the case may be of Schedule 1 to this Act] .

(3)The Scottish Ministers shall publish any determination made by them in accordance with subsection (2) above.

F12(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)The Scottish Ministers shall publish [F13notice of the] environmental statement so as to ensure that members of the public who are likely to be concerned are given a reasonable opportunity to express an opinion before they decide whether to proceed with the project, and they shall not make any such decision without taking into consideration any opinion so expressed to them within a period of [F146] weeks running from the date of publication [F15of notice] of the environmental statement.

[F16(5A)The notice must state–

(a)that the Scottish Ministers, as the relevant roads authority, are considering implementing the project;

(b)the proposed location and nature of the project;

(c)that the project is subject to the environmental impact assessment procedure prescribed by this section and, where relevant, that section 20B applies;

(d)that a copy of the environmental statement may be inspected at an address in the area in which the project is proposed to be situated during the period specified under paragraph (i);

(e)the times at which the copy of the environmental statement can be so inspected;

(f)an address from which copies of the environmental statement may be obtained and from which further information about the project may be requested during the period specified under paragraph (i);

(g)if a charge is to be made for a copy of the environmental statement, the amount of the charge;

(h)where the Scottish Ministers use a website for the purpose of giving information to the public about projects of a category into which the project in question falls, the address of the website where a copy of the environmental statement will be available for inspection by the public during the period specified under paragraph (i);

(i)that any person wishing to make any representations about the project and the environmental statement may do so in writing to the Scottish Ministers at a specified address within a specified period, being a period of not less than 42 days commencing with the date of publication of the notice; and

(j)that the Scottish Ministers will take into consideration any representations so made before deciding whether or not to proceed with the project with or without modifications.

(5B)The Scottish Ministers shall ensure that during the period referred to in subsection (5A)(i)–

(a)copies of the environmental statement are available for inspection by any person free of charge at all reasonable hours at the address specified under subsection (5A)(d);

(b)copies of the environmental statement are available to be obtained from the address specified under subsection (5A)(f); and

(c)where the Scottish Ministers use a website for the purpose of giving information to the public about projects of a category into which the project in question falls, a copy of the environmental statement is available for inspection on that website.

(5C)A reasonable charge reflecting the costs of printing, copying and distribution may be made by the Scottish Ministers for the supply of a copy of the environmental statement–

(a)to a person other than a consultation body; or

(b)to a consultation body to which one copy has already been supplied free of charge.

(5D)Where the Scottish Ministers obtain further information relating to the environmental statement and such further information is reasonably required to give proper consideration to the likely environmental effects of the proposed project, except insofar as such further information is required for the purposes of an inquiry held under section 139, subsections (5), (5A), (5B), and (5C) shall apply to such further information as they apply to an environmental statement (subject to any necessary modifications).]

(6)The Scottish Ministers shall ensure that the consultation bodies are given an opportunity to express an opinion on the F17... project and the environmental statement before they decide whether to proceed with the project.

(7)In this section, the expressions “the Directive”, “Annex”, “relevant project” and “sensitive area” shall have the meanings assigned to those expressions in section 20A(9) of this Act with the proviso that in the definition of “relevant project” the reference to the construction of a new road shall be a reference to the improvement of a road and cognate expressions shall be construed accordingly.]

Textual Amendments

F10Ss. 55A and 55B substituted for s. 55A (1.8.1999) by S.S.I. 1999/1, reg. 50

Modifications etc. (not altering text)

[F1855B Application of section 20BS

The provisions of section 20B of this Act shall apply to a project in terms of section 55A of this Act as they apply to a project in terms of section 20A of this Act.]

Textual Amendments

F18Ss. 55A and 55B substituted for s. 55A (1.8.1999) by S.S.I. 1999/1, regs. 1, 50